A video of the University of Calabar law students in Cross River state protesting against their dean, Professor Cyril Nidfon, caused a stir on the internet a while back. The students who carried placards bearing various inscriptions made claims that their female students were being sexually assaulted and exploited in exchange for marks and admission to the Nigeria Law School.
For emphasis, it is one thing to graduate from any Nigerian University with a law degree, and another thing to be called to the Nigerian Bar. It is only when you are called to the Nigerian Bar that you can practice as a barrister and solicitor in Nigeria. So, it is possible that one can be a law graduate and not be a lawyer in Nigeria, and a law graduate can only be sent to the Nigerian Law School through his/her university, with the approval of the Dean of the faculty of law. You see how important a Dean of Law Faculty is to an average law undergraduate.
It was incredibly annoying and upsetting when word of the demonstration spread online. Suspension was determined to be the best course of action by the school. Others disagreed, pointing out that the same individual had earlier been suspended for the same offense in 2016, was re-instated, and was afterwards permitted to hold such a delicate post.
On the 19th day of August, 2023, the Nigerian Bar Association (NBA) sent emails to its members with the subject “Professional Misconduct: NBA to Investigate Prof. Cyril Ndifon; Filed Petitions at LPDC against Other Members”, suggesting that the NBA intends to investigate the allegations of the sexual assault against the suspended dean. The NBA had resolved this at her recent monthly meeting presided over by the NBA President. Mr. Yakubu Chonoko Maikyau OON SAN.
The Legal Practitioners Act 2004 (LPA) which regulates the conduct of lawyers in Nigeria created a committee known as the Legal Practitioner Disciplinary Committee (LPDC). The LPDC as the name suggests, is the body saddled with the responsibility of discipling lawyers for professional misconduct of any sort. People can actually write petitions against lawyers and this committee will look into it. The LPA provides in Item C of the first schedule that the Legal Practitioners Disciplinary Committee (LPDC) shall be charged with the duty of considering and determining any case where it is alleged that a person who is a member of the legal profession has misconducted himself in his capacity as such or should for any other reason be the subject of the proceedings.
Item D states the penalties for unprofessional conducts of lawyers. Paragraph 1(a) states that where a “person” who is a member of the “legal profession” is judged by the Disciplinary Committee (LPDC) to be guilty of infamous conduct in any professional respect, or a person who is a member of the legal profession is convicted, by any court in Nigeria, the committee may, if it thinks fit, order that the person’s name to be struck off the Roll, or suspend the person from practicing as a lawyer for a period of time, or admonish the person.
Paragraph 2 also states that where a lawyer is judged by the Committee to be guilty of misconduct not amounting to infamous conduct, the Committee can also give same direction as provided for in Paragraph 1.
The above provision of the law implies that by virtue of Item D paragraphs 1 and 2, when a lawyer is judged to be guilty of whether an infamous conduct or guilty of any misconduct that is not infamous, by the Committee, the Committee can direct the Registrar to strike off the person’s name from the Roll. The “Roll” is a list that contains the names of all Nigerian lawyers from the inception of the legal profession in Nigeria. If a person’s name is not there, then that person is not a lawyer in Nigeria. Every law student on completing all mandatory requirements to become a lawyer, must ensure that his/her name is registered in the Roll. The Roll is kept at the Supreme Court of Nigeria.
The Committee may also decide to suspend the person from practicing for a while, or just admonish him never to do the said misconduct again. Of all, striking off the person’s name is the deadliest, this is because this means that the person ceases to be a lawyer in Nigeria, and cannot be allowed to practice anymore.
Note: that the suspended Dean is first a lawyer, and he is subject to the NBA, LPDC and other bodies that govern the profession. Having his name struck off the Roll would mean that he could no longer be a professor of law. I mean, how can one be a professor of law without being a lawyer?
I have not said that this is what would happen. The Committee though not a court of law is still bound to give fair hearing, and that would mean allowing the suspended dean a chance to be heard.
The NBA also has the option of reporting to the Police or the Director of Public Prosecution (DPP) in the Ministry of Justice. Sexual harassment is a criminal offence, and is punishable under the law. In fact, one can call the action of the dean rape which carries life imprisonment. By virtue of section 1(2) of the Violence against Person (Prohibition) Act, 2015 (VAPP), rape is defined as:
- He or she intentionally penetrates the virginal, anus or mouth of another person with any other part of his or her body or anything else.
- The other person does not give consent to the penetration.
- The consent is obtained by force or means of threat or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the act or the use of any substance or additive capable of taking away the will of such person or in the case of a married person by impersonating his or her spouse.
Mark the underlined words. The consent of these students, if given at all, were obviously obtained by “threat”. The “threat” of not living their dreams of becoming legal practitioners.
Note: Both the proceedings before LPDC and trial before a competent court can run concurrently. That is, side by side. The Association can do both at the same time. This action by the NBA is commendable.
